Planning Ahead

It's important for everyone to plan for the future, but legal plans are especially important for a person with Alzheimer's disease. The sooner planning starts, the more the person with dementia may be able to participate.

Why plan ahead?

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Making legal plans in advance is important for several reasons: Early planning allows the person with dementia to be involved and express his or her wishes for future care and decisions. This eliminates guesswork for families, and allows for the person with dementia to designate decision makers on his or her behalf. Early planning also allows time to work through the complex legal and financial issues that are involved in long-term care.

Legal planning should include:

Making plans for health care and long-term care

Making plans for finances and property

Naming another person to make decisions on behalf of the person with dementia

Legal capacity

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Legal capacity is the ability to understand and appreciate the consequences of one's actions and to make rational decisions. In most cases, if a person with dementia is able to understand the meaning and importance of a given legal document, he or she likely has the legal capacity to execute (to carry out by signing) it.

The requirements of legal capacity can vary from one document to another. A lawyer can help determine what level of legal capacity is required for a person to sign a particular document.

Before a person with dementia signs a legal document:

Talk with the person.
Find out if the person with dementia understands the legal document and the consequences of signing it. Make sure the person knows what is being explained and what he or she is being asked to do.

Ask for medical advice.
If you have concerns about the person's ability to understand, ask for medical advice. A doctor may be able to assist in determining the level of a person's mental ability.

Take inventory of existing legal documents.
Verify whether living wills, trusts and powers of attorney were signed before the person was diagnosed. The person may no longer remember having completed them. Even if legal documents were completed in the past, it is important to review them with another person for necessary corrections and/or updates.

Meeting with a lawyer

You can complete certain legal documents without a lawyer, but getting legal advice and services from an attorney who specializes in elder law can be especially helpful.

If you already have a lawyer, he or she may be able to refer you to an attorney that specializes in elder law. Otherwise, there are several resources available to help you locate elder law services in your community. Learn more.

If you meet with a lawyer, be sure to discuss these three key issues and any other concerns you may have:

Options for health care decision making for the person with dementia

Options for managing the person's personal care and property

Possible coverage of long-term care services, including what is provided by Medicare, Medicaid, veteran benefits and other long-term care insurance

Gather all documents relating to the assets of the person with dementia ahead of time so you can bring them to your appointment.